Author: Josh King
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What SHOULD Attorney Advertising Regulation Look Like?
I posted the other day about the proposed changes to the ABA Model Rules around attorney advertising. If I sounded frustrated about the glacial pace of change, it’s because it should be manifestly obvious…
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Incremental Changes Proposed to ABA Model Advertising Rules
There’s a lot of congratulatory talk going on about the “bold” changes proposed for the ABA model rules relating to attorney advertising. And sure, there are things to like in the proposed changes. The…
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Reject the “Professional Speech” Doctrine?
I’ve written quite a bit about the regulation of professional speech (most recently here), and how this area is curiously under-developed from a First Amendment perspective. The closest thing we’ve seen to the Supreme…
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Lawyers Failing the People
It’s not like our society is getting less bureaucratic, less litigious, less in need of legal guidance. And indeed, as Professor Bill Henderson’s number-crunching shows, the spend on business and government legal services went…
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November Notes: Attorney Gets SLAPPed with Fees; California Bar Goes Splitsville
Be Very Sure it’s Defamation Before Suing. A Texas attorney – or former attorney, because he’s now been disbarred – is liable for over $100K in attorney’s fees after unsuccessfully suing a local newspaper…
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What if We Just “Certified” Lawyers Instead of Licensing Them?
Last week, I attended the FTC’s second Occupational Licensing Roundtable in Washington, D.C. The Roundtable – titled “The Effects of Occupational Licensure on Competition, Consumers, and the Workforce: Empirical Research and Results” – consisted of…
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LegalTech Startup TikD Sues Florida Bar
So the same day I ponder the question of ethics opinions and antitrust, a lawsuit gets filed against the Florida Bar – alleging antitrust violations related to, in part, an advisory ethics opinion! This will…
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Ethics Opinions and Antitrust
So a couple of weeks ago I was at the ABA’s Third Annual UPL School in Chicago – a gathering of those bar authorities dedicated to rooting out the unauthorized practice of law. And…
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October Notes: The Facebook Post that Cost an In-House Lawyer Her Job
In-House Lawyer Fired for Intemperate Facebook Post: Expressing a lack of sympathy for shooting victims based on their perceived political leanings isn’t a good look on anyone. So it’s no surprise that CBS lawyer…